Balancing National Security & Individual Privacy: A Constitutional Appraisal Under Article 21

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Yashika Ashok Porwal, LL.M., School of Law, Christ (Deemed to be University), Bengaluru, India

ABSTRACT

The paper is a critical analysis of the constitutional elements of tension between national security and the fundamental right to privacy in India, especially under Article 21 of the Indian Constitution. The study uses a doctrinal and comparative legal approach to examine the changing jurisprudence (after K.S. Puttaswamy 2017) and the surveillance framework of India, such as the Indian Telegraph Act, Information Technology Act, Aadhaar Act, and the Digital Personal Data Protection Act of 2023. The paper determines the major gaps, including but not limited to the disjointed legal system, too much discretion in the hands of the executive, and lack of judicial control that erode privacy guarantees despite the constitutional requirements. Experiences in the United States and the United Kingdom demonstrate a positive result of extensive statutory systems and autonomous control tools. The results underscore the necessity of India coming up with a single, transparent, and constitutionally consonant surveillance law that would balance the need to maintain national security and the privacy rights of the citizens. The study is part of the wider debate on democratic accountability and the protection of human rights in digital space.

Keywords: National Security, Right to Privacy, Surveillance, Article 21

50. BALANCING NATIONAL SECURITY & INDIVIDUAL PRIVACY- A CONSTITUTIONAL APPRAISAL UNDER ART

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